If you or someone you know has been accused of sexual misconduct on a college campus in Ohio, you’re not only facing potential criminal charges – you will also be the subject of a Title IX investigation by your school. This could lead to suspension or even expulsion from your degree program.
The same applies to professors and university staff who may be accused of sexual misconduct under Title IX. These allegations can lead to serious repercussions, including potential loss of employment.
If it sounds scary, that’s because it is. That’s why, if you’re facing a Title IX allegation, it’s critical to contact an experienced Title IX defense attorney like those at Hiltner Trial Lawyers.
Here’s what you need to know if you’re facing an allegation concerning Title IX:
What is Title IX in Ohio?
Title IX of the Education Amendments of 1972 is a federal law prohibiting sex discrimination, including sexual violence and gender-based harassment involving students at colleges and universities, in federally funded educational programs and activities.
It states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.”
What Are the Different Types of Title IX Cases in Ohio?
Title IX encompasses a range of sexual misconduct and discrimination allegations. Here’s an overview of the most common types of cases:
Sexual Harassment
Unwelcome sexual conduct creating a hostile environment. This includes verbal, nonverbal, or physical behaviors of a sexual nature.
Sexual Assault
Non-consensual sexual contact or activity, including rape, unwanted touching, and penetration. Institutions must respond promptly and effectively to support survivors.
Gender-Based Discrimination
Unfair treatment based on gender, gender identity, or expression. This can manifest in academics, athletics, or access to programs.
Retaliation
Adverse actions taken against someone for reporting a Title IX violation or participating in an investigation. Title IX protects individuals from retaliation.
Failure to Provide Equal Opportunities
Schools must provide equal access to programs, activities, and benefits regardless of gender. This includes admissions, resource allocation, and avoiding gender-based segregation.
These categories falling under Title IX cases can be incredibly complex. The allegations against you might not easily fit into one category, or your situation might involve unique factors.
To build the best possible defense, you’ll need to work with someone who can analyze the details of your case, the rules that apply, and how the law has been used in similar situations. A skilled and practiced Title IX defense attorney in Ohio, like Max Hiltner, can do that, helping you protect your rights and future.
What Does a Title IX Investigation Entail?
It’s important to remember that the school’s Title IX investigation is entirely separate from any potential criminal or civil legal proceedings you might face. Here’s what you can expect during the school’s investigation:
- Evidence Gathering: The school will collect evidence as law enforcement would, potentially making the process feel pretty similar to a criminal investigation. However, the punishment for a Title IX violation doesn’t result in criminal punishment.
- Restrictions: Your participation in campus activities may be limited while the investigation is underway, and you’ll likely be prohibited from contacting your accuser.
- Formal Statement: You will have the opportunity to make a statement at a disciplinary hearing with a Title IX lawyer present. The school will offer you an advisor to represent you, but you have to note that this person is not an attorney. Consider hiring an attorney practicing in Title IX defense for the best representation.
- Sexual Assault Hearings: Title IX hearings can sometimes be set up in a way that disadvantages the accused, especially if you’re innocent. You could end up with increased risk of expulsion for something you didn’t even do. In most cases, the burden of proof is lower than in a criminal case.
What To Do if You're Accused of a Title IX Offense in Ohio
Here’s what to DO and DON’T DO when facing a Title IX accusation:
DO:
- Seek Legal Counsel: Contact an experienced Ohio-based Title IX defense attorney as soon as possible.
- Document Everything: Keep detailed records of all your communications with school officials, law enforcement, and the person accusing you.
DON’T:
- Speak Without Representation: Avoid answering questions about the events that led up to the Title IX accusation without your lawyer present.
- Initiate Contact: Refrain from contacting the person accusing you.
Title IX Penalties in Ohio
Title IX covers a wide range of issues, so the penalties for this case vary based on the specific violation. Many institutions look to the Department of Education’s Office of Civil Rights for guidance on enforcement.
This Office outlines procedures for investigating complaints, especially serious allegations like sexual harassment or assault. If a complaint is upheld, Title IX investigations and hearings determine the offender’s responsibilities and penalties, with some cases allowing for appeals.
Contact Hiltner Trial Lawyers in Ohio Today!
Facing a Title IX accusation can be an incredibly stressful and overwhelming experience. We understand the high stakes involved and the potential impact on your future.
Title IX allegations should be taken seriously — and handled by an advocate with a proven track record and who knows how Title IX investigations and hearings work. If you’re in this situation, seeking legal guidance from Max Hiltner, an experienced Title IX defense attorney, to answer your questions and concerns is essential.
Contact Hiltner Trial Lawyers today at (330) 475-3164 for a consultation.
